Alleged Back Injury

In this case the Firm represented the defendant who was the owner of a 95 foot commercial fishing trawler.

The plaintiff who sued our client was an experienced commercial fisherman who worked as a deck hand aboard the vessel. The plaintiff alleged that the Captain ordered the three member crew to clean, break down and neatly pile a retrieved fishing net together with all of its associated gear. The combined weight of this net and gear was estimated to be 1,000 pounds. Plaintiff claimed that upon lifting the third section of the gear, he lost feeling in his legs and felt pain in his back. Sometime thereafter the plaintiff was diagnosed with a herniated disk in his lower back that necessitated surgery. The plaintiff complained that he could never go to sea again. We denied that our client was responsible for the plaintiff’s injury and that the boat was fit for her intended purpose at all times. We proved at trial that the plaintiff never complained of any back pain at the time of the alleged accident and it wasn’t until several days later that the claim was made. All other crew members testified at trial and none of them supported the plaintiff’s version of the accident. As such, the jury was convinced that our client was not legally responsible for any injuries suffered by the plaintiff and returned a defense verdict completely exonerating our client.

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